Start Your Divorce Today - Premium Divorce Online

Topic Options
#772714 - 10/30/16 09:54 PM CS Modification Questions
NPK Offline

recently joined

Registered: 10/30/16
Posts: 2
Hi all, I'm new here.

This past week I received a letter saying that my ex has filed to modify child support. Has anyone here done CS modification through a Hearing Officer? I have not and am very unsure how it all works. I received a Shared Expense Plan worksheet, as well as a Direct Expense worksheet that they wrote up, but it's based on a fictional number than I am NOT making.

Currently, the CS is based on equal time and shared expenses.

How do his multiple rental properties factor into the child support calculation? He only listed his salary job on the 2 sheets I received in the mail.

Also, he travels quite a bit. Does that get factored in to the calculation? This year he's been gone around 100 days so far.

I have so many questions, but these are the biggest ones right now. I'm hoping that others have more experience here. :)

Top
#772715 - 11/03/16 11:56 AM Re: CS Modification Questions [Re: NPK]
gr8Dad Offline
Carpal \'Tunnel

Registered: 06/07/04
Posts: 31796
Unless you are HELPING with the rental properties, you are not entitled to the EARNINGS of the rental properties.
_________________________
Why give a "senior" discount, they have had plenty of time to raise the money...

Top
#772716 - 11/04/16 12:12 AM Re: CS Modification Questions [Re: gr8Dad]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 791
Actually, any profits the properties generate is used as income for calculating child support. However, may folks think that gross rents are used which is not true. Most rentals, especially those those that haven't been owned long and have a large amount of their payments as deductable interest, show little or no profit on paper, which is what the court will use.

Top
#772717 - 11/04/16 10:39 PM Re: CS Modification Questions [Re: MinnesotaMom]
NPK Offline

recently joined

Registered: 10/30/16
Posts: 2
Thank you, MinnesotaMom.

He has definitely bragged in the past about being able to use them as tax shelters.

I just thought that his lawyer would have told him he has to disclose them on the worksheet that he signed and sent over.

Top
#773800 - 07/07/17 07:07 PM Re: CS Modification Questions [Re: NPK]
QDRO Instructor Offline
journeyman

Registered: 06/17/17
Posts: 77
Although your former spouse has filed for child support modification, if you are lacking child support, alimony, arrears, other marital property, even attorneys fees these could be collected via a Qualified Domestic Relations Order by tapping into retirement benefits of former spouse if he has not remarried. Regular salaried job's retirement may be subject to a QDRO and self-employed retirement may be subject to IRA custodian division. Retirement funds in the account can be frozen for availability to be divided via QDRO. I'm an independent degreed paralegal, notary public and member of the national notary association with experience in family law, real estate law and property division. I prepare divorce documents, QDROs, and division of IRAs. I have 100% acceptance rate with plan administrators. I am not an attorney, and therefore, cannot give legal advice. However, I can prepare the necessary documents along with the tax advantages/disadvantages and then allow you to decide which route you would like to take. If you would like to discuss further you can contact me so that funds can be frozen. Flat fee for all property division document preparation $350. Please see my LinkedIn page www.linkedin.com/in/divorceprep

Top

Moderator:  dsAdmin 


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: